Senate passes immigrant tuition bill

The Senate on Tuesday passed a bill that would deny in-state tuition to some illegal aliens enrolling in Virginia public colleges.

Opponents of Sen. Emmett Hanger Jr.’s legislation initially argued it would unfairly punish young people – most of them longtime Virginia residents who attended the state’s public schools – for their parents’ decision to bring them to the United States.

In response to that criticism, Hanger, R-Augusta, worked with immigrant advocates on an amendment – approved by the Senate Education and Health Committee – that would allow in-state tuition for any illegal immigrant who:

– lived with a parent while attending high school in the state;

– graduated from a Virginia high school;

– lived in the state for at least three years before graduating;

– has registered as an entering college student;

– has provided the college an affidavit stating he has filed an application to become a permanent U.S. resident and is actively pursuing permanent residency or will do so as soon as eligible; and

– has submitted evidence he or at least one parent has filed a state income tax return for at least three years if they had enough income to be required to do so.

An attempt by Sen. Jay O’Brien, R-Fairfax, to strip the bill of those exemptions failed.

“You would think that some kid crosses the border … marches into Charlottesville and says, ‘I’m here. Give me in-state tuition,'” said Sen. Richard L. Saslaw, D-Fairfax, who argued to retain Hanger’s amendment. “It doesn’t quite work that way. … Some of them have been here 20-some years.”

Immigrant advocates have said they were pleased with the revised bill.

The final Senate vote on Hanger’s bill was 36-3. The bill will now be considered by the House of Delegates, which has passed a similar bill.